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Florida Bar News & Updates
The Florida Bar - Daily News Summary - May 16, 2012
Recent Updates:
Age Discrimination
American workers need or choose to work later in life. No matter the reasons, a person's employment shouldn't be limited because of their age. Those able and willing to work have their rights protected when it comes to age discrimination in the workplace. The Coye Law Firm knows these civil rights well and can investigate avenues of compensation on your behalf. The firm can represent you case if you are:
- being denied employment because of your age
- having your benefits reduced unfairly because of your age
- experiencing retaliation for testifying against an employer
- exploring the legal issues of signing a waiver
Legal services are important when dealing with discrimination. Your employer may try to deny your claim or say that nothing out of the ordinary is happening. The workplace discrimination attorneys at the Coye Law Firm can investigate your claim and help you restore your rights in the workplace through aggressive representation.
Background
In 1967, the Age Discrimination Employment Act (ADEA) was passed to protect the employment opportunities of people over 40 years of age. Under this act, a person cannot be discriminated against based on their age when:
- working for public or private employers
- seeking help from an employment agency
- joining a labor organization
- being considered for a wage change
- applying for a job
Methods of Discrimination
Advertisements for positions cannot include age preferences or limitations. Some companies may try to dodge the ADEA laws by instituting "mandatory retirement policies." This is a form of discrimination. The general exception to the age discrimination law is when age directly affects one's ability to do a job, such as firefighters or police officers. Companies cannot restrict applicants or force employees to retire based on age except when it affects their ability to do their jobs.
Reductions in benefit plans or accruals also constitute discrimination in some circumstances if done based on the employee's age. If the cost of providing equal benefits to older and younger individuals is the same, then the employer must provide equal coverage. If the employer reduces benefits because of an employee's age even if the cost of covering them is the same as other employees, then it is discrimination. An act amending the ADEA was passed in 1990 to ensure that the benefits of older employees are not denied or reduced.
When to File a Claim
This federal law states that employers with 20 or more employees, including those in local, state, and federal government, cannot discriminate based on age. Florida law, however, says that only 15 employees are needed to file a claim. Employers are also allowed to draft waivers for employees to sign that can exempt them from these regulations. The Equal Employment Opportunity Commission (EEOC) has set up strict guidelines for these waivers, one of them being to "advise the individual in writing to consult an attorney before signing the waiver." The Coye Law Firm can consult you on your rights and how signing this document can affect your ability to retain employment or bring legal action against an employer.
The EEOC has more information regarding age discrimination, including guidelines for federal employees and investigative procedures for filed claims. The process of filing a claim, including those against a federal agency, can be found here.
According to the EEOC, over 24,500 people claimed they were discriminated against at work because of their age. The Coye Law Firm is dedicated to protecting the rights of these individuals in the workplace. If you have been the victim of age discrimination at work, call one of our four locations today to speak with an experienced age discrimination attorney who will discuss your case with you and determine if legal action should be pursued.